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California Governor Vetoes Menopause Job-Bias Bill as Federal and State Protections Spread

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17

Why it matters

Gov. Gavin Newsom (D) vetoed AB 1940 on September 30, 2026. The bill would have expanded California's definition of sex discrimination to cover perimenopause, menopause, and related conditions. Newsom said he supported the goal but warned that the bill would substantially increase litigation risk without meaningfully expanding protections. The veto is the latest in a state-by-state push that began in Rhode Island, which in July 2025 became the first state to extend its pregnancy-accommodation framework to menopause-related conditions. Illinois followed with the Menopause Equity and Care Act, which amends the Illinois Human Rights Act to name menopause-related conditions as a protected status. Philadelphia has passed an ordinance effective January 1, 2027. Virginia Gov. Abigail Spanberger vetoed a similar bill on May 19, 2026. At the federal level, Reps. Debbie Dingell (D-Mich.) and Yvette Clarke (D-N.Y.) introduced the Menopausal Workers' Fairness Act (H.R. 9671) on July 14, 2026. It has been referred to the Committee on Education and Workforce and other committees but has not been enacted.

Several points remain open. The federal bill has not moved beyond referral, and no committee action has been reported. The status of the New York proposal is not detailed in the available reporting. One figure circulating in the coverage, that at least 16 menopause-related bills have been introduced in state legislatures since January 1, 2026, comes from a compliance-oriented blog. No legislative database confirms it, so treat it as an estimate until verified.

For employment counsel, the core issue is that federal statutes do not name menopause. Employees currently bring these claims under sex, age, or disability discrimination law, and the Virginia and California vetoes both rest on the argument that those laws already cover most cases. Watch whether California's governor's reasoning shapes other legislatures, whether Philadelphia's January 2027 ordinance produces the first enforcement actions, and whether the Illinois statute generates litigation over how "menopause-related condition" is defined. Multistate employers should map which jurisdictions now have express obligations and which rely on overlapping protections, since that patchwork is likely to grow.

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